24-181 - Special provisions for certain buildings

LAST AMENDED
12/5/2024

For #sky exposure plane buildings# in R6 through R9 Districts without a letter suffix, the applicable #floor area ratio# and
#open space ratio# provisions of Section 23-73 (Special Provisions for Sky Exposure Plane Buildings), inclusive, shall be modified
by the provisions of this Section.

(a)    #Open space ratio# for #residential# portions of #buildings#

       For #zoning lots# containing a #residential building# or for the #residential# portion of a #mixed building#, a minimum
       #open space ratio# shall be provided in accordance with Section 23-70.
                                                                         23-70. For the purposes of applying such regulations:

       (1)    the #floor area# counted in determining the #open space ratio# shall be only that #floor area# in the #residential#
              portion of the #building#;

       (2)    the #lot coverage# shall be deemed to be that portion of the #zoning lot# which, when viewed directly from above,
              would be covered by the #residential# portion of the #building# at any level; and

       (3)    the applicable #height factor#, if the maximum permitted #residential# #floor area ratio# is less than the total
              #floor area ratio# permitted for such #building#, shall be the #height factor# of the #residential# portion of the
              #building#.
            A non-#residential# #use# occupying a portion of a #building# that was in existence on December 15, 1961, may be
                  changed to a #residential# #use# and the regulations on minimum required #open space ratio# shall not
                  apply to such change of #use#.

(b)    Location of #open space#

       The #open space# required for a #residential building# or for the #residential# portion of a #mixed building# under the
       provisions of paragraph (a) of this Section may be provided at ground floor level or upon the roof of a #building#. #Open
       space# on a roof may be located at a level higher than 23 feet above #curb level# on a #community facility# #building# or
       the #community facility# portion of a #building#, provided that the level of any #open space# may not be higher than 2
       feet, 6 inches below the sill level of any #legally required window# opening on such roof area, in the #residential# portion
       of a #building# used partly for #community facility# and #residential uses#. However, #open space# located on the roof
       of a #community facility# #building# separated by open area from #residential# #buildings# or #buildings# used partly for
       #community facility# and #residential uses# on the same #zoning lot# may not be at a level higher than 23 feet above
       #curb level#.

       For the purposes of this Section, #abutting# #buildings# on a single #zoning lot# may be considered to be a single
       #building#.